[Amended 8-18-2011 by L.L. No. 1-2011; 11-29-2018 by L.L. No. 7-2018]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article applies to lots, buildings, structures and nonbuilding uses lawfully in existence on the effective date of this article or any amendments thereto. The lawful use of any such premises, or uses or structures existing on the effective date of this article or any amendment thereto may be continued although neither such use or structure conforms, nor the bulk or parking requirements of the same complies, with the requirements, except as hereinafter follows.
A. 
Residential buildings or structures. Any existing one- or two-family residential building or structure, or building accessory thereto, made noncomplying as to bulk by this chapter or any amendment thereof shall be permitted to comply with the yard setback requirements as specified for the highest residential district having the same or less lot width. In no event, however, shall the yard and setback requirements of any lot be less than the requirements for the R-15 District. No front setback may in any event be closer to the designated street line than the existing established setback. For any existing building or structure on a lot having less than a 100-foot lot width, the minimum standards will be the same as those specified in Subsection E of this section.
B. 
[1]Nonresidential buildings, structures or lots. Normal maintenance and repair, structural alteration in, or reconstruction or enlargement of, a building or structure with noncomplying bulk or parking requirements is permitted if the same does not increase the degree of or create any new noncomplying bulk or parking in such building or structure or lot.
[1]
Editor's Note: Former Subsection B, regarding residential indoor parking, was repealed 5-19-2022 by L.L. No. 6-2022. This local law also renumbered former Subsections C through F as Subsections B through E, respectively
C. 
Two or more adjoining, noncomplying subdivision lots, regardless of ownership, in a subdivision approved by the Chestnut Ridge (or previously Town of Ramapo) Planning Board shall have three years from the date of filing with the office of the County Clerk to obtain a building permit. Two or more adjoining noncomplying lots in a subdivision approved by the Planning Board and filed with the office of the County Clerk more than three years prior to the effective date of this article, or meeting the equivalent requirement of the Town of Ramapo for the three-year period prior to the enactment of this article, and in the same ownership, shall not be eligible to receive a building permit. Said subdivision or part thereof shall be resubmitted to the Village Planning Board for approval in accordance with the applicable provisions of this article. Any lot in a subdivision approved by the Village Planning Board after the effective date of this article, but which is made noncomplying as to bulk by any future amendments of this article, shall have three years from the date of filing to obtain a building permit.
D. 
Noncomplying lots.
(1) 
A residential lot, separated from any other land in the same ownership and noncomplying as to bulk, whether or not located in and part of a subdivision plat approved by the Planning Board and filed in the office of the County Clerk, and which has a minimum lot width of 100 feet, may be used for a one-family detached residence, provided that such use shall comply with the bulk and parking requirements as specified in the highest residential district having the same or less lot width. For all residential lots having less than 100 feet of lot width, the following minimum requirements shall apply:
(a) 
The minimum width of one required side setback shall be 20 feet for lots in the RR-50, R-40 and R-35 Districts; 15 feet for lots in the R-25 District; and 10 feet for lots in the R-15 District.
(b) 
The total width of both required side setbacks may be reduced nine inches for each foot that the lot width is less than that specified in the Bulk Table.[2]
[2]
Editor's Note: the Table of Bulk Requirements is included as an attachment to this chapter.
(c) 
The minimum front and rear setbacks shall be 30 feet.
(d) 
The minimum lot width and lot frontage shall be 75 feet.
(e) 
The maximum building height shall be 25 feet.
(2) 
For all nonresidential lots having less than 100 feet of lot width, the following minimum requirements shall apply:
(a) 
The minimum width of each required side setback shall be 20 feet in the LO and PILO Districts and 10 feet in the PO and NS Districts, except that where any setback abuts a residential district, the normal requirements for setbacks, yards and buffers shall apply.
[Amended 7-21-2022 by L.L. No. 7-2022]
(b) 
The total width of both required side setbacks may be reduced nine inches for each foot that the lot width is less than that specified for the Table of Bulk Requirements.
(c) 
The minimum front and rear setbacks shall be 30 feet for lots in the PO and NS Districts and 50 feet for lots in LO and PILO Districts.
[Amended 7-21-2022 by L.L. No. 7-2022]
(d) 
The minimum lot width and lot frontage shall be 75 feet.
(e) 
The maximum building height shall be 35 feet.
E. 
Noncomplying lots.
[Amended 8-19-2021 by L.L. No. 6-2021; 7-21-2022 by L.L. No. 7-2022]
(1) 
A lot located in the RR-50 or any R (Residential) District, separated from any other land in the same ownership and noncomplying as to bulk, whether or not located in and part of a subdivision plat approved by the Planning Board and filed in the office of the County Clerk, and which has a minimum lot width of 85 feet, may be used for a one-family detached residence, provided that such use shall comply with the bulk and parking requirements as specified in the highest residential district having the same or less lot width. For all residential lots having less than 85 feet of lot width, the following minimum requirements shall apply:
(a) 
The minimum width of one required side setback shall be 20 feet for lots in the RR-50, R-40 and R-35 Districts; 15 feet for lots in the R-25 and R-20 Districts; and 10 feet for lots in the R-15-1F, R-15, and R-10 Districts.
(b) 
The total width of both required side setbacks may be reduced nine inches for each foot that the lot width is less than that specified in the Bulk Table.
(c) 
The minimum front and rear setbacks shall be 30 feet.
(d) 
The minimum lot width and street frontage shall be 62.5 feet in R-10 and 75 feet in all other districts.
(e) 
The maximum building height shall be 35 feet.
(2) 
For all nonresidential lots having less than 100 feet of lot width, the following minimum requirements shall apply:
(a) 
The minimum width of each required side setback shall be 20 feet in the LO and PILO Districts and 10 feet in the PO and NS Districts, except that where any setback abuts a residential district, the normal requirements for setbacks, yards and buffers shall apply.
(b) 
The total width of both required side setbacks may be reduced nine inches for each foot that the lot width is less than that specified for the Table of Bulk Requirements.
(c) 
The minimum front and rear setbacks shall be 30 feet for lots in the PO and NS Districts and 50 feet for lots in LO and PILO Districts.
(d) 
The minimum lot width and lot frontage shall be 75 feet.
(e) 
The maximum building height shall be 35 feet.
F. 
A lot shall not be considered noncomplying with respect to the lot area, lot width, front setback, front yard, street frontage, development coverage, or floor area ratio requirements of this chapter only to the extent that such condition of noncompliance is the result of a street right-of-way widening reservation or dedication, whether in fee or easement, required by the Planning Board at the time of subdivision or site development plan approval.
Amended 8-19-2021 by L.L. No. 6-2021
A. 
Repair and alterations. Normal maintenance, repair or alteration of a building or structure occupied by a nonconforming use is permitted if it does not extend the nonconforming use. No extension, alteration or enlargement shall be made in a building or structure occupied by a nonconforming use, nor in a nonconforming nonbuilding use except:
(1) 
When required pursuant to an order of a court of competent jurisdiction.
(2) 
To adapt the building or structure to a conforming use.
B. 
Change of use. Any nonconforming use may be changed to any conforming use or, on application to and with the approval of the Board of Appeals, to any use which the Board of Appeals deems to be more similar in character with the uses permitted in the district in which said change of use is proposed. Any nonconforming building, structure or nonbuilding use may be changed to a conforming use, regardless of whether the newly created conforming use is noncomplying as to bulk, subject to approval by the Board of Appeals, subject to the same general considerations applicable to the granting of special permits and subject to site development plan approval.
C. 
Cessation of use. If active and continuous operations are not carried on in a nonconforming use during a continuous period of one year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing. The time period set forth herein shall be tolled for any cessation of use pursuant to a court order.
D. 
Damage and destruction or demolition. A building or structure occupied by a nonconforming use or noncomplying as to bulk or parking requirements, damaged by fire or other causes, including demolition; to the extent of 50% or greater of the last full value as shown in the records located in the Town Assessor's office, excluding the assessed valuation of the land thereof, shall not be repaired or rebuilt except in conformity with the requirements of this article, including parking requirements. Any building, structure or any part thereof occupied by a nonconforming use or noncomplying as to bulk or parking requirements, which is damaged to an extent less than 50% of last full value as shown in the records located in the Town Assessor's office, excluding the assessed valuation of the land, may be repaired, provided that a building permit is obtained within one year after such damage; otherwise such building, structure or part thereof shall thereafter be occupied only by a conforming use and shall comply with the bulk and parking requirements of this article.
E. 
Nonconforming open storage yards, outdoor display. Any nonconforming open storage yard or any outdoor display or storage of merchandise which is nonconforming may be continued for one year after the effective date of this article.
F. 
Nonconforming industrial uses. In any residential district, any nonconforming industrial use which is permitted in the PILO District may be continued for eight years after the effective date of this provision of the Ramapo zoning law (the preceding effective zoning control) or 28 years after the initial establishment of such use or an addition thereto that adds 50% or more to the real value of such use, whichever is the longer period, provided that, after the expiration of that period, such nonconforming use shall then be terminated.
[Amended 7-21-2022 by L.L. No. 7-2022]
G. 
Modification by Board of Appeals. If an application is made at least six months before the expiration of the period prescribed for termination of a nonconforming use or noncomplying bulk, and the Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the special value of the property resulting from such nonconforming use or noncomplying bulk, then the Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed and that such extension may be granted only once for any use.
H. 
Continued use after termination date is a violation. The continuation of a nonconforming use or noncomplying bulk after the termination date fixed for the same shall constitute a violation of this article.